This book provides a comprehensive analysis of jurisdiction and law applicable in cross-border insurance matters. The first book to address cross-border insurance cases from the perspective of European Union regulations, international conventions, and national laws applicable to insurance and insurance-related issues, it explores the concept of cross-border insurance issues and specific institutions related to insurance matters. In the process, it covers both classic private international law matters and specific issues, such as autonomous vehicles in cross-border cases, new technologies, and the Insurance Distribution Directive (IDD).
Given its focus, the book offers a valuable asset for academics, judges, legal practitioners and insurance companies, and other institutions frequently dealing with cross-border insurance matters.
Inhaltsverzeichnis
Part I: Jurisdiction and Applicable Law in Cross-Border Insurance Disputes. - The EU Regulations on Jurisdiction and Applicable Law in Cross-Border Insurance Disputes and their Interaction. - Part II: Law applicable to insurance matters according to Rome I Regulation (and national laws). - Law applicable to large risks insurance contracts. - Article 7(3) Rome I Regulation and the Law Applicable to Non-Life Mass Risk Insurance Contracts: A Critical Appraisal (excluding life insurance). - Private international law of group insurance. The impact of recent CJEU case law. - Compulsory insurance in private international law. - Life insurance contracts in private international law. - Overriding mandatory rules in international insurance. - Law applicable to the insurance recourse. - Part III: Jurisdiction in matters relating to insurance. - Jurisdiction under art. 11 of the Brussels I bis Regulation. - Grounds of jurisdiction for liability insurance contracts. - Jurisdiction based upon uncontested appearance in insurance matters. - The action of the insurer brought against the weaker party. - Choice of Court Agreements in insurance contracts. - Part IV: Reinsurance. - Reinsurance in private international law. - Part V Actio directa. - Actio directa in international jurisdiction and applicable law in private international law. - Part VI: IDD and private international law. - Private international law of insurance intermediation and the IDD. - Civil liability of insurers in the cross-border context. - Part VII: Space Insurance. - Private international law and space insurance. - Part VIII: Semi-Automated and Automated Vehicles. - Semi-Automated and Automated Vehicles, Insurance, and Private International Law. - Part IX: Recourse Claim. - The recourse claim of the Polish compensation body in cases of uninsured vehicles - analysis of its nature and scope in the light of private international law.
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